Judge Grants Transfer in Brandywine Case
- April 30, 2012
April 30, 2012 – Judge David A. Baker granted defendants AT&T and SBC Internet Service’s motion to transfer the case brought by plaintiff Brandywine [NPE] from the Middle District of Florida to the Northern District of California. Brandywine opposed the motion because Gordon Bremer, one of its owners as well as a co-inventor on two of the seven patents in suit, resides in Florida. The judge granted the transfer and noted, “[t]here is no evidence that Brandywine is registered to do business in Florida, or that it has any offices or employees in the state . . . [while] the Northern District of California has a much stronger connection to the dispute, as this is where the accused products were developed and tested, one Defendant is incorporated and headquartered, and where key documents and likely potential witnesses are located.” Brandywine filed suits against over 50 defendants in the Middle District of Florida between August 2011 and February 2012, alleging infringement of a series of patents related to phone systems and high speed DSL services. However, beginning in April 2012 Brandywine’s new litigations have all been filed between the Northern and Central Districts of California.